The state trooper had his vehicle lights flashing, said police spokesman Frank Bandiero. Under New York's "move over" law, motorists must move away at least one lane from fire, road repair and other emergency vehicles when safe, a measure that passed after several officers on traffic stops were struck and killed by passing motorists.

"The trooper looks up and down the road," Bandiero said. "It's dark. No traffic."

After Sidoti was pulled over, the trooper smelled alcohol on him, police said.

The driver failed field sobriety tests and was charged with felony aggravated driving while intoxicated, or Leandra's Law, because he had two children under the age of 16 in his vehicle -- his son, 12, and daughter, 9 -- Bandiero said. His wife was also a passenger, police said.